I bought a set of cylinder heads for my truck from a used parts place (hole in the wall). Both are cracked. They gave me a receipt with a written warranty that specifically warranties that there are no cracks. I've informed them and they have been (BUSY) trying to get me a new set. What are my right's on this. What are theirs? How long do I have before I get screwed out of my money?
2007-02-08 23:19:17 · 7 answers · asked by HawgHunter 2 in Politics & Government ➔ Law & Ethics
I went back to the place of bussiness about an hour after I bought the parts and showed them the problem. They stated they would get me new ones. But that was a week ago. I've been back 4 times and called twice. My receipt has a stamp on it containing the company name, address, fax and phone along with the written warranty.
2007-02-09 01:29:32 · update #1
I went back to the place of bussiness about an hour after I bought the parts and showed them the problem. They stated they would get me new ones. But that was a week ago. I've been back 4 times and called twice. My receipt has a stamp on it containing the company name, address, fax and phone along with the written warranty. They keep telling me that they are busy and come back tomorrow.
2007-02-09 01:31:07 · update #2
They have a right to "cure" (fix the problem) under the Uniform Commercial Code. How long? Depends on the circumstances. I mean, if you lived in a isolated area where they have to ship the parts in, I suppose they could have a couple if weeks. There's no definitive time in the law--but they have to act promptly. Anyway, if they don't fix it quickly, you have a very good consumer fraud lawsuit. Under the Unfair Trade Practices Act, you could be awarded triple damages. Besides your written warranty--which is great--they are a lot of implied warranties, like fitness for a particular purposes. You have very good rights here, which means you have a very good case if you sue them. If you sue them in a small claims type of court you could do it yourself. You'd want the mechanic who finally fixed the car to testify for you. This is not a case where you should refrain from hiring a lawyer, however. You have the right to receive your atty fees and costs as damages. Look for a lawyer who does "Consumer law"'
2007-02-08 23:35:11 · answer #1 · answered by David M 7 · 0⤊ 0⤋
You have a breach of warranty action against the seller. You should draft a letter outlining your issue, and send it to the owner of the facility, enclosing a copy of the warranty. You should also request replacement of the parts within 2 weeks.
Thereafter, if you receive no response, you should file a complaint for breach of an express warranty against them.
Depending on the cost of the items, should dictate whether you file your complaint in small claims or Superior Courts.
However, you stated that the place is a hole in the wall. You need to find out the name of their business and owners/corporation to sue them. You might check with the County Recorder's office, under fictional business names; if they have even registered their business name.
Good luck!
2007-02-09 09:15:09 · answer #2 · answered by MenifeeManiac 7 · 0⤊ 0⤋
The business owner should be allowed a "reasonable" amount of time to replace the cracked heads. However, the court would probably determine what "reasonable" means. This is a civil matter. The business owner would not be criminally liable, but you could take him/her to small claims court.
2007-02-09 07:43:10 · answer #3 · answered by OfficerJL 1 · 0⤊ 0⤋
seems many others have answere part of the question
what they have missed is time length
time to notify them of damaged heads= within 30 days
time for them to "replace"= 2 weeks, 10 business days
time to get refund= 2 weeks if they can not replace
Are they liable for labor expenses= no
2007-02-09 08:57:13 · answer #4 · answered by Anarchy99 7 · 0⤊ 0⤋
There exists a contract between you and the other party. The legal requirements for a valid contract is that the parties concerned much reach consensus, the nature of the contract must be legal and the duties of all parties must be attainable. In this case the other party has breached the contract seeing as though they did not deliver on their side and this makes the contract null and void. They are obligated to either deliver the agreed upon goods, or they must compensate you for the entire amount and if you had any losses that was the direct result of their failure to deliver then they must pay damages as well.
2007-02-09 07:30:52 · answer #5 · answered by GMILF in training 1 · 0⤊ 0⤋
you won't get screwed out of your money. these people were meant to supply you with cylinder heads that were not cracked, there are laws that refer to how sales men are meant to supply goods that are of the quality you paid for.
2007-02-09 08:29:26 · answer #6 · answered by lily54 2 · 0⤊ 0⤋
They have the right to replace them. If they take an unreasonable amount of time, you can get a refund.
2007-02-09 07:21:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋